What is the definition of an Affiliate?

“Enrolled Affiliate owns or controls, Owns of controls owned Affiliate, or is under common ownership or control with enrolled Affiliate.”

“For the purposes of this definition, “ownership” means more than 50% ownership and “control” means the right granted by law to exercise decision power over administration, finances and operations.

For Government customers: “Any entity that is enrolled in the same country as the enrolled Affiliate and meets the Government eligibility criteria”. [EA2011 AgrGP (EMEA)(ENG)(Jul2011)]

In the UK, under the N39 UK Public Sector Framework Agreement “Government Customer” “means any public sector entity defined as being covered by the OGC buying solutions Trading Fund (Extension and Amendment) Order 2009.”

“For the purposes of this agreement, Government Customers shall not include:

Utilities as defined in the Utilities Contracts Regulations 2006;

Any company or entity (or any defined part of a government entity) which operates on a for-profit basis; and

any entity which Microsoft and Buying Solutions have specifically agreed should be excluded".

[UKPublicSectorCustomMBSA (May 2009)]

Eligibility criteria for UK Public Sector Customers under PSA09

Many UK Public Sector organisations are entitled to benefit from the special pricing and terms agreed under the Cooperation Agreement between Microsoft and Buying Solutions for Microsoft licensing to the UK Public Sector (PSA09).

In order to benefit from the PSA09 special terms and prices, your public sector organisation must first meet the eligibility criteria which Microsoft has agreed with Buying Solutions: You are a UK public sector entity defined as being covered by the Buying Agency Trading Fund Order 1991 (as amended) with the exception of:

utilities as defined in the Utilities Contracts Regulations 2006;

any company or entity (or any defined part of an entity) which operates on a for-profit basis; and

any entity which Microsoft and Buying Solutions have specifically agreed should be excluded.

In order to assess if your public sector organisation is eligible we recommend you follow these steps:

Are you covered by the Trading Fund?You must confirm you are a UK public sector entity covered by the Buying Agency Trading Fund Order 1991 (as amended) (“Trading Fund”). Buying Solutions will have provided your organisation with a unique reference number if you are covered by the Trading Fund. If you are unsure if you are covered please contact Buying Solutions at info@buyingsolutions.gsi.gov.uk. If your organisation is not covered by the Trading Fund but you are a public sector organisation who wishes to benefit from the PSA09 special terms and prices, the approval of both Microsoft and Buying Solutions is required; please contact licopsuk@microsoft.com indicating that you are not covered by the Trading Fund.

Is your organisation a utility?If you are covered by the Trading Fund but your public sector organisation is a utility (as defined in the Utilities Contracts Regulations 2006) then you are not eligible for the PSA09 special terms and prices. If you wish to be considered for inclusion it will require the approval of both Microsoft and Buying Solutions; please contact licopsuk@microsoft.com , providing your unique Trading Fund reference number.

Does your organisation operate on a for-profit basis? If you are covered by the Trading Fund but your organisation operates on a for-profit basis then you are not eligible for the PSA09 special terms and prices. For the purposes of these eligibility criteria, the following additional criteria will be applied to profit-making public sector organisations to determine whether such organisation is considered for-profit:

Do the revenues/profits of your organisation go solely to UK Government (no profits go to private shareholders)?

Is your organisation exempt from corporation tax?

Is your organisation financed more than 50% by UK Government (i.e., does it derive less than 50% of its funding from commercial activities)?

If the answer to all of these questions is “yes,” then your organisation shall not be considered for-profit. If the answer to any of the questions above is “no,” then your organisation shall be considered for-profit and you will not be eligible for the PSA09 special terms and prices. If you wish to be considered for inclusion it will require the approval of both Microsoft and Buying Solutions; please contact licopsuk@microsoft.com , providing your unique Trading Fund reference number. Please note that generally, government owned corporations, state-owned enterprises and government owned organisations (whether incorporated or not) undertaking commercial activities (e.g., telecommunications, banking, transportation) will not be eligible.

Is your organisation eligible for Microsoft’s Educational License schemes? If your organisation is a government-recognised education establishment, is responsible for the administration of such establishments, is a public library or museum or is a charity then it may be eligible for Microsoft’s Educational Licence schemes which are specifically designed to meet the unique demands of the education community. Please check your eligibility for such schemes at http://www.microsoft.com/uk/education/buy/who.mspx.

If your organisation is not covered by the Trading Fund but you are a public sector organisation who wishes to benefit from the PSA09 special terms and prices, the approval of both Microsoft and Buying Solutions is required; please contact licopsuk@microsoft.com indicating that you are not covered by the Trading Fund.

Microsoft and Buying Solutions reserve the right to review and reject the status of any organisation as being eligible for the PSA09 special terms and prices. Microsoft and Buying Solutions may agree to amend these criteria at any time.

Microsoft will be updating the PSA09 Customer Overview Guide in 2012. As always, refer to specific reference documentation and work directly with Microsoft UK for confirmation.